At the end of September, the Department of Homeland Security (DHS) announced the extension and redesignation of Temporary Protected Status (TPS) for Venezuela. The detailed instructions are now available in the Federal Register.

The 18-month extension of TPS and employment authorization for those who already have TPS runs from March 11, 2024, until September 10, 2025. The redesignation, on the other hand, runs from October 3, 2023, until April 2, 2024.

The timing for applying for the extension and the redesignation are different.

Venezuelans who are already in TPS and have employment authorization must apply for the extensions during the 60-day registration period that runs from January 10, 2024, until March 10, 2024. Failure to re-register could result in a withdrawal of status.

Because DHS recognizes that there may be a gap in employment authorization even for those who timely apply, Venezuelan TPS-based Employment Authorization Documents (EADs) with expiration dates of March 10, 2024, or September 9, 2022, will be automatically extended until March 10, 2025. Once new EADs are issued, they will have an expiration date of April 2, 2025.

Individuals who are taking advantage of the redesignation may make initial TPS and EAD applications between October 3, 2023, and April 2, 2025, when the redesignation will expire. As with those seeking extensions, individuals must meet all the general eligibility requirements, but they also must show:

  • Continuous residence in the United States since July 31, 2023; and
  • Continuous physical presence in the United States since October 3, 2023.

Individuals making initial applications must have a valid EAD to show work authorization. The automatic extensions would not apply.

Jackson Lewis attorneys are available to assist with TPS questions and associated employment authorization and Form I-9 Employment Eligibility Verification, as well as E-Verify completion issues.

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice…

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.

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